By Deborah Onyofufeke, Abuja.
Justice James Omotosho of the Federal High Court yesterday in Abuja nullified the passage of the 2024 Rivers State N800bn Appropriation Bill.
Justice Omotosho delivering judgement in a suit marked: FHC/ABJ/CS/1613/2023, held that the budget was invalid as it was not properly presented before the Rivers State House of Assembly.
The court described the four-member Ehie Edison-led House of Assembly as an aberration.
The court voided and set it aside on the grounds of illegality and unconstitutionality.
In its judgement, the court restored the leadership of Martin Amaewhule, leader of the 25 legislators loyal to the former governor of the state, Nyesom Wike, as the lawful and authentic Speaker of the House of Assembly.
Cited as defendants in the suit were; the National Assembly, Senate President, Deputy Senate President, Senate Majority Leader, the Senate Minority Leader, Speaker of the House of Representatives, the Deputy Speaker, the House Majority Leader, House Minority Leader, as well as the Clerk to the National Assembly.
Others were; the governor of Rivers State, the Attorney-General of Rivers, the Commissioner of Finance, the Accountant-General of Rivers, Rivers State Civil Service Commission, the Inspector-General of Police, and Edison Ehie.
The court faulted the state Governor, Siminalayi Fubara, for meddling in the affair of the state’s legislative organ.
It held that Governor Fubara acted unconstitutionally when he redeployed the Clerk and Deputy Clerk of the Rivers State House of Assembly.
Justice Omotosho stated that the governor lacked the statutory rights to interfere with the operations of the Rivers State House of Assembly.
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Besides, the court held that the conditions listed in section 11 of the 1999 Constitution, as amended, which would allow the National Assembly to take over the legislative affairs of Rivers State, have not occurred.
It, therefore, made an order of injunction, restraining Governor Fubara from impeding or frustrating the operations of the Assembly under Amaewhule’s leadership as its Speaker.
The court issued an order of injunction, restraining the defendants from entertaining any request from Governor Fubara to take over the performance of the functions of Rivers State Assembly, including its role to make laws for the peace, order, and good government of Rivers in respect of matters that are within its constitutional and legislative competence.
It barred Governor Fubara from proceeding with his plan to demolish the Rivers State House of Assembly complex, even as it ordered the release of all funds standing to the credit of the Assembly.
Recall that the relationship between Governor Fubara and his predecessor and Minister of the FCT, Wike, went sour after the Rivers State House of Assembly got fractionalised
However, following the intervention of President Bola Tinubu, both Fubara and Wike signed a peace pact that included the recognition of Amaewhule as the rightful Speaker of the Assembly.
Even though Governor Fubara pledged to abide by the terms of the peace deal, he had yet to accede to the request by the Amaewhule-led members of the House of Assembly, for the 2024 appropriation bill of the state to be represented before them for approval.
